Section 64: When you can use secondary evidence of a document
64.Cases in which secondary evidence relating to documents may be given
(1)Secondary evidence may be given of the existence, condition or contents of a document in the following cases—
(a)when the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the court, or of any person legally bound to produce it, and when, after the notice mentioned in section 65, that person does not produce it;
(b)when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his or her representative in interest;
(c)when the original has been destroyed or lost, or is in the possession or power of any person not legally bound to produce it, and who refuses to or does not produce it after reasonable notice, or when the party offering evidence of its contents cannot, for any other reason not arising from his or her own default or neglect, produce it in reasonable time;
(d)when the original is of such a nature as not to be easily movable;
(e)when the original is a public document within the meaning of section 73;
(f)when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in Uganda, to be given in evidence;
(g)when the originals consist of numerous accounts or other documents which cannot conveniently be examined in court, and the fact to be proved is the general result of the whole collection.
(2)In cases of subsection (1)(a), (c) and (d), any secondary evidence of the contents of the document is admissible.
(3)In case of subsection (1)(b), the written admission is admissible.
(4)In case of subsection (1)(e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.
(5)In case of subsection (1)(g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.
Plain English Summary
You are allowed to use secondary evidence—such as a copy or oral description—of a document in court only in specific situations listed here. These inc...
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